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-   -   Padrón..... (https://britishexpats.com/forum/spain-75/padr%C3%83%C2%B3n-779578/)

lynnxa Dec 3rd 2012 6:28 pm

Padrón.....
 
here we go again.....

on a local facebook group someone asked about the padrón & should they sign on if they aren't resident

they were told by me & others that no, non-residents don't

then our mayor (it isn't him, it's an English-speaking staff member who we believe translates the mayor's comments) posted this....


It is very important that all property owners (whether resident of non resident) are registered on the Padron.
The Central Government allocates money to the different municipalities according to how many people are on the Padrón. If you are not registered, your town hall is losing money for the provision of health
centres, doctors, police officers, postal workers and schools.
You must be on the Padrón for a certain period of time to take advantage of some income-related benefits and other aspects of social care available through social services at your town hall.
Depending on the town hall, registration on the Padrón could mean reduced Property Taxes, as well as reductions in certain community charges and inheritance tax. Furthermore, those on the Padrón can also often enjoy discounted courses, and leisure and cultural activities run by the town hall.
Your information on the Padrón is confidential. It is NOT given to the Police or Tax Authorities. Many ILLEGAL immigrants are registered, as a Padrón certificate is required when enrolling their children into local schools.
I hope that you will re-register and pass this this message on
which is totally against what the INE states & what we have always known to be true

http://www.ine.es/metodologia/t20/t203024566.htm


El Padrón municipal es el registro administrativo donde constan los vecinos del municipio. Sus datos constituyen prueba de residencia en el municipio y del domicilio habitual en el mismo.

Toda persona que viva en España está obligada a inscribirse en el Padrón del municipio en que resida habitualmente. Quien viva en varios municipios deberá inscribirse únicamente en el que habite durante más tiempo al año.
translated

The municipal census is the administrative register of residents of the municipality. The data provides proof of residence in the municipality and ordinarily resident in the same.

Everyone living in Spain is obliged to register in the municipal census where they are usually resident. Anyone living in several municipalities must register only where he is living for most of the year.
what hope when the 'mayor' gives out wrong info??

Fred James Dec 3rd 2012 6:58 pm

Re: Padrón.....
 
The key words are"domicilio habitual".

This is used a lot in things like tax laws and you can only have a habitual residence if you live here for the majority of your time.

The Embassy site also states that:- "It is obligatory by Spanish law to register on the padrón at the Town Hall where you habitually reside",

The other implication of declaring that you habitually live in Spain would suggest to the tax authorities that you should be tax resident.

EsuriJohn Dec 3rd 2012 7:14 pm

Re: Padrón.....
 

Originally Posted by lynnxa (Post 10414840)
here we go again.....

on a local facebook group someone asked about the padrón & should they sign on if they aren't resident

they were told by me & others that no, non-residents don't

then our mayor (it isn't him, it's an English-speaking staff member who we believe translates the mayor's comments) posted this....



which is totally against what the INE states & what we have always known to be true

http://www.ine.es/metodologia/t20/t203024566.htm



translated

what hope when the 'mayor' gives out wrong info??

The Mayor clearly believes that he needs the income for his council above the need to follow exactly the rules that we expats think exist. Who are we "EXPATS" to say he is wrong let him argue with his national authorities. What I find interesting is not that he sails close to the wind but that sets out all the advantages to the individual to be on the Padron except it also allows you to be listed on the "list of voters" which may not be to his advantage come the next municipal elections!

lynnxa Dec 3rd 2012 7:29 pm

Re: Padrón.....
 

Originally Posted by Fred James (Post 10414889)
The key words are"domicilio habitual".

This is used a lot in things like tax laws and you can only have a habitual residence if you live here for the majority of your time.

The Embassy site also states that:- "It is obligatory by Spanish law to register on the padrón at the Town Hall where you habitually reside",

The other implication of declaring that you habitually live in Spain would suggest to the tax authorities that you should be tax resident.

so the 'mayor' is wrong.....

I've replied as much

there go my dreams of a job with the ayto:(


he does say that it's confidential & the tax authorities have no access to it, so in that case there are no implications - but I guess he might be wrong there, too...

lynnxa Dec 3rd 2012 7:33 pm

Re: Padrón.....
 

Originally Posted by John & Kath (Post 10414908)
The Mayor clearly believes that he needs the income for his council above the need to follow exactly the rules that we expats think exist. Who are we "EXPATS" to say he is wrong let him argue with his national authorities. What I find interesting is not that he sails close to the wind but that sets out all the advantages to the individual to be on the Padron except it also allows you to be listed on the "list of voters" which may not be to his advantage come the next municipal elections!

actually - most of the foreigners - especially the Brits probably would vote for him

although I have posted saying that he is wrong, I have quoted official sources - & if he thinks non-residents on the padrón can benefit from many of the things he has listed he's wrong there, too - you need to have a resident cert for most of them

in a lot of areas now you have to show your resident cert when you sign on the padrón - I was asked for mine when I needed a copy earlier this year - so the left & right hands are getting something mixed up between them......

EsuriJohn Dec 3rd 2012 7:44 pm

Re: Padrón.....
 

Originally Posted by Fred James (Post 10414889)
The key words are"domicilio habitual".

This is used a lot in things like tax laws and you can only have a habitual residence if you live here for the majority of your time.

The Embassy site also states that:- "It is obligatory by Spanish law to register on the padrón at the Town Hall where you habitually reside",

The other implication of declaring that you habitually live in Spain would suggest to the tax authorities that you should be tax resident.

However it could be argued that if you have a house in Spain and a house in UK if you are in one or other country for several months at a time then that is where you are habitually resident at that time. Of course if you are an owner in Spain and you come for just two weeks a year and rent to unknown punters the other 28 weeks it would be impossible to say you we're habitually resident.

There are much more sophisticated tests for tax residency and the dear old HMRC have the fall back catch all that unless you are someone else's hook you they will not remove you from theirs. I am definitly resident in Spain have no property or goods and chattels in any other country so I am registered on the Padron and can vote in local elections and make tax returns here but pay no tax. I pay large amounts of tax in UK and will lose my vote in a few years so taxation with no representation. It's a crazy Community that we all live in!

lynnxa Dec 3rd 2012 7:58 pm

Re: Padrón.....
 

Originally Posted by John & Kath (Post 10414947)
However it could be argued that if you have a house in Spain and a house in UK if you are in one or other country for several months at a time then that is where you are habitually resident at that time. Of course if you are an owner in Spain and you come for just two weeks a year and rent to unknown punters the other 28 weeks it would be impossible to say you we're habitually resident.

There are much more sophisticated tests for tax residency and the dear old HMRC have the fall back catch all that unless you are someone else's hook you they will not remove you from theirs. I am definitly resident in Spain have no property or goods and chattels in any other country so I am registered on the Padron and can vote in local elections and make tax returns here but pay no tax. I pay large amounts of tax in UK and will lose my vote in a few years so taxation with no representation. It's a crazy Community that we all live in!

the link I gave does say 'must register only where he is living for most of the year' - which is presumably so that the govt isn't paying more than one town for each person

taken at word though, if someone IS here for 'most of the year' then they are resident & therefore should be on the padrón & registered as resident too

rafikiphoto Dec 3rd 2012 8:02 pm

Re: Padrón.....
 
We, wrongly, signed on the padrón soon after buying our house here. We then traveled from UK regularly and frequently for five years but were not resident here. When we did move permanently and imported our car the Hacienda initially refused to allow our tax-free importation on the basis that my padrón indicated we had been resident here for 5 years and therefore were not eligible to import tax-free. Fortunately we had a good géstor who took various pieces of evidence that we had not been, in fact, resident here and so it was allowed.

lynnxa Dec 3rd 2012 8:07 pm

Re: Padrón.....
 

Originally Posted by rafikiphoto (Post 10414979)
We, wrongly, signed on the padrón soon after buying our house here. We then traveled from UK regularly and frequently for five years but were not resident here. When we did move permanently and imported our car the Hacienda initially refused to allow our tax-free importation on the basis that my padrón indicated we had been resident here for 5 years and therefore were not eligible to import tax-free. Fortunately we had a good géstor who took various pieces of evidence that we had not been, in fact, resident here and so it was allowed.

well, there you go!

EsuriJohn Dec 3rd 2012 8:10 pm

Re: Padrón.....
 

Originally Posted by lynnxa (Post 10414973)
the link I gave does say 'must register only where he is living for most of the year' - which is presumably so that the govt isn't paying more than one town for each person

taken at word though, if someone IS here for 'most of the year' then they are resident & therefore should be on the padrón & registered as resident too

But doesn't the one town bit just apply to Spanish Nationals who traditionally seem to have two houses. A friend has three Galicia, Madrid and Ayamonte is registered in Madrid but would like to vote here which is where she is quite "politically" active.

lynnxa Dec 3rd 2012 8:19 pm

Re: Padrón.....
 

Originally Posted by John & Kath (Post 10414988)
But doesn't the one town bit just apply to Spanish Nationals who traditionally seem to have two houses. A friend has three Galicia, Madrid and Ayamonte is registered in Madrid but would like to vote here which is where she is quite "politically" active.

yes, I'm sure it does, as I said

it must apply to everyone else though, surely - you don't spend 'most of the year' in a holiday home - if you did you'd be a resident....

Pocaloca Dec 3rd 2012 10:13 pm

Re: Padrón.....
 
Well obviously the mayors want as many people as possible to register on the padrón because their govt funding is based on the number of registrants!

A lot of town hall staff and councillors haven't got a clue about the law of the land, they make it up as they go along.

Fred James Dec 3rd 2012 10:19 pm

Re: Padrón.....
 

Originally Posted by lynnxa (Post 10414926)

he does say that it's confidential & the tax authorities have no access to it, so in that case there are no implications - but I guess he might be wrong there, too...

Well they have access to your bank accounts and electricity records so I find it hard to believe that they can't access the padron!

MaryJones Dec 4th 2012 9:18 pm

Re: Padrón.....
 
everyone in the canaries is actively encouraged to sign onto the Padron because it means they get half price travel between the islands and to the mainland Spain (not if they are flying directly to Uk etc). There was a push from the community to get people to sign on so we could get more schools etc. It was recognised that we had alot of visitors but not residents, and so only had enough school places for the few registered residents.

lynnxa Dec 4th 2012 11:54 pm

Re: Padrón.....
 

Originally Posted by MaryJones (Post 10416874)
everyone in the canaries is actively encouraged to sign onto the Padron because it means they get half price travel between the islands and to the mainland Spain (not if they are flying directly to Uk etc). There was a push from the community to get people to sign on so we could get more schools etc. It was recognised that we had alot of visitors but not residents, and so only had enough school places for the few registered residents.

but surely you don't need school places for visitors :confused:


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